09.10.13 city council meeting web viewwas made by councilor walton, seconded by councilor edwards to...

September 10, 2013Regular Meeting

MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD SEPTEMBER 10, 2013

A Regular Meeting of the City Council of the City of Hopewell, Virginia, was held Tuesday, September 10, 2013, at 6:30 p.m. in the City Council Chambers, Municipal Building, 300 North Main Street, Hopewell, Virginia.

PRESENT: Michael C. Bujakowski, Mayor Jasmine E. Gore, Vice Mayor Christina J. Luman-Bailey, Councilor Roosevelt Edwards, Councilor K. Wayne Walton, CouncilorBrenda S. Pelham, CouncilorJackie M. Shornak, Councilor

Edwin C. Daley, City ManagerDavid C. Fratarcangelo, City AttorneyCynthia Y. Ames, City Clerk

ABSENT:

ROLL CALL

Mayor Bujakowski opened the meeting at 6:30 p.m. Roll call was taken as follows:

Mayor Bujakowski - presentVice Mayor Gore - presentCouncilor Luman-Bailey - ABSENT Arrived at 6:38 p.m.Councilor Edwards - presentCouncilor Walton - presentCouncilor Pelham - presentCouncilor Shornak - present

CLOSED MEETING

Motion was made by Councilor Pelham, seconded by Councilor Walton, and unanimously passed to resolve to go into Closed Meeting for discussion of the award of a public contract (Marina operations and maintenance – RFP #09-13) involving the expenditure of public funds, including interviews of bidders or offerors, and discussion of the terms or scope of such contract, where discussions in an open session would adversely affect the bargaining position or negotiating strategy of the public body; and to discuss appointments (City Council Boards and Commissions) in accordance with Virginia Code Sec. 2.2-3711 (A) (1) and (29).

OPEN MEETING

Council convened into Open Meeting. Mayor Bujakowski stated Council would reconvene into the Closed Meeting at the end of the meeting.

REGULAR MEETING

Mayor Bujakowski opened the regular meeting at 7:30 p.m. Roll call was taken as follows:

PRESENT: Mayor Bujakowski - present


Vice Mayor Gore - presentCouncilor Luman-Bailey - presentCouncilor Edwards - presentCouncilor Walton - presentCouncilor Pelham - presentCouncilor Shornak - present

Edwin C. Daley, City ManagerDavid C. Fratarcangelo, City AttorneyCynthia Y. Ames, City Clerk

ABSENT:

Prayer was offered by Chaplain Shirley Lovitt followed by the Pledge of Allegiance to the Flag of the United States of America.

APPROVE/AMEND THE AGENDA

Motion was made by Councilor Walton, seconded by Councilor Edwards to resolve to amend the agenda to add discussion of the award of a public contract. (Marina operations and Maintenance RFP #09-13). Upon the roll call, the vote resulted:

Councilor Edwards - yesMayor Bujakowski - yesVice Mayor Gore - yesCouncilor Walton - yes Councilor Pelham - NO

Councilor Shornak - yesCouncilor Luman-Bailey - NO

Motion was made by Vice Mayor Gore, seconded by Councilor Pelham to resolve to amend the agenda to add a presentation/follow up report regarding the Beacon Theatre operations plan and to consider a motion to support the operations plan as presented. Upon the roll call the vote resulted:

Councilor Edwards - yesMayor Bujakowski - yesVice Mayor Gore - yesCouncilor Walton - yes Councilor Pelham - yes

Councilor Shornak - yesCouncilor Luman-Bailey - yes

CONSENT AGENDA

Motion was made by Vice Mayor Gore, seconded by Councilor Pelham to approve the Consent Agenda with the amendment to add a Special Meeting for September 17, 2013. Upon the roll call, the vote resulted:

Councilor Edwards - yesMayor Bujakowski - yesVice Mayor Gore - yesCouncilor Walton - yes


Councilor Pelham - yesCouncilor Shornak - yes

PUBLIC HEARING – A REQUEST BY KATHLEEN A. HINGEL OF 206 N 7 TH AVENUE TO VACATE A PORTION OF AN ALLEY BETWEEN SUB-PARCEL #031-1155 AND #030-1160, BETWEEN N 7 TH AVENUE AND N 8 TH AVENUE

This was the night advertised as a Public Hearing to receive public comments regarding the

request to vacate a portion of an alley between Sub-Parcel #031-1155 and #030-1160 between N 7 th

Avenue and N 8th Avenue.

The Public Hearing opened at 7:37 p.m.

There being no speakers the Public Hearing closed at 7:38 p.m.

Motion was made by Councilor Walton, seconded by Councilor Luman-Bailey to adopt an ordinance on first reading to vacate a portion of an alley between Sub-Parcel #031-1155 and #030-1600, between N 7th Avenue and N 8th Avenue. Upon the roll call, the vote resulted:



PUBLIC HEARING – A REQUEST SUBMITTED IN ACCORDANCE WITH ARTICLE XXI-A-4 OF THE CITY OF HOPEWELL ZONING ORDINANCE BY THE CITY OF HOPEWELL TO CONDITIONALLY REZONE AND AMEND THE ZONING DISTRICT MAP FROM RESIDENTIAL APARTMENT DISTRICT (R-4) TO RESIDENTIAL MEDIUM DENSITY DISTRICT (R-2) OF THE CITY-OWNED PROPERTY CONTAINING 11.9 ± ACRES LOCATED AT 600 VICTORIA STREET. THE COMPREHENSIVE PLAN RECOMMENDS THE PROPERTY FOR RESIDENTIAL USE. DENSITY AND USE WILL BE CONTROLLED BY PROFFERED CONDITIONS AND/OR ZONING ORDINANCE STANDARDS. TAX PARCEL ID #061-0351

This was the night advertised as a Public Hearing to receive public comments regarding the request submitted in accordance with Article XXI-A-4 of the City of Hopewell Zoning Ordinance by the City of Hopewell to conditionally rezone and amend the zoning district map from Residential Apartment District (R-4) to Residential Medium Density District (R-2) of the City-owned property containing 11.9± acres located at 600 Victoria Street.

The Public Hearing opened at 7:40 p.m.

There being no speakers the Public Hearing closed at 7:41 p.m.

Motion was made by Councilor Walton, seconded by Councilor Edwards to adopt an ordinance on first reading for a request submitted in accordance with article xxi-a-4 of the city of Hopewell Zoning Ordinance 2013-14 by the City of Hopewell to conditionally rezone and amend the zoning district map from Residential Apartment District (r-4) to Residential Medium Density District (r-2) of the City-owned


property containing 11.9 ± acres located at 600 Victoria Street. The comprehensive plan recommends the property for residential use. Density and use will be controlled by proffered conditions and/or zoning ordinance standards. Tax Parcel ID #061-0351.

DISCUSSION

Several Councilors wanted to know why this was being brought before City Council by the Planning Commission, since there were no firm offers on the location for development. Elliot Eliades from the Planning Commission stated it was the Planning Commissions’ understanding City Council had requested the rezoning and amending of the zoning district map.

Substitute motion was made by Councilor Pelham, seconded by Councilor Luman-Bailey to resolve to wait on a vote until City Council and the Planning Commission could have a work session. Upon the roll call, the vote resulted:

Councilor Edwards - NOMayor Bujakowski - NOVice Mayor Gore - NOCouncilor Walton - NO Councilor Pelham - yes

Councilor Shornak - NOCouncilor Luman-Bailey - yes

Upon the roll call for the original motion, the vote resulted:



ORDINANCE 2013-14

AN ORDINANCE TO CONDITIONALLY REZONE THE PROPERTY KNOWN AS 600 VICTORIA STREET (THE FORMER BLUFFS APARTMENT SITE) FROM R-4 RESIDENTIAL APARTMENT DISTRICT, TO R-2, RESIDENTIAL MEDIUM DENSITY DISTRICT, WITH PROFFERED CONDITIONS

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF HOPEWELL that the Official Zoning Map of the City of Hopewell is amended and reenacted as follows:

That, as shown on the attached map, incorporated into, and made a part of this ordinance, the following property, with tax parcel number as shown in the 2013 records of the City Assessor’s Office, are excluded from the R-4, Residential Apartment District, and shall no longer be subject to the provisions of Article VI of the City of Hopewell Zoning Ordinance, as amended, and that the same are included in the R-2, Residential Medium Density District, and shall be subject to the provisions of Article VI of the City of Hopewell Zoning Ordinance, all other applicable provisions of the City of Hopewell Zoning Ordinance, as amended, and the proffered conditions limiting the use of the property to single-family dwellings only:


Tax Parcel #061-0351

In accordance with Section 7, Effective date of ordinances and resolution; emergency measures, of Chapter 4 of the City Charter, this ordinance shall become effective after thirty (30) days from the date of its adoption by the City Council. In all other respects said Code of the City of Hopewell shall remain unchanged and be in full force and effect.

COMMUNICATIONS FROM CITIZENS

Daphne and Antonio Monroe, Ward 6, spoke on behalf of a new football team organization, Hope 4 Youth. They have approximately sixty five youth registered for the football team, the Hopewell Dolphins. The cost is lower than the existing youth football team in Hopewell, and everyone on the team gets to play football no matter what their skill level. Hope 4 Youth asked City Council to please help them to succeed, any assistance would be appreciated. The goal for the future of Hope 4 Youth is to become a 501(c).

Carolyn R. Jones, Ward 4, spoke in support of the Navigator’s Den Seafood Restaurant reopening in the future. Her memories of many years ago of the previous Navigator’s Den were expounded upon.

Jessica Thomas, Ward 2, the International Student Exchange Program representative, introduced Lou Wright Ward 5 a former and present family host for foreign exchange students. She spoke of the wonderful opportunities to host a foreign exchange student. She has hosted twelve students to date, and asked City Council to help either host a child and or spread the word to other homes about the need for the program to continue.

Yolanda Stokes, Ward 2, wanted City Council to know the Arlington playground was in much need of being renovated and needed a bathroom added to it, for the children to use from Wards 2, 6 and 7.


UNFINISHED BUSINESS – BEACON THEATER 2012, LLC AMENDED AND RESTATED OPERATING AGREEMENT

Motion was made by Councilor Luman-Bailey, seconded by Councilor Pelham to resolve to authorize the Amended and Restated Operating Agreement of Beacon Theater 2012, LLC. Upon the roll call, the vote resulted:



Transactional Disclosure Statement file by Councilor Luman-Bailey, she owns adjacent property.

UNFINISHED BUSINESS – BEACON THEATER 2012, LLC – CONSENT OF SOLE MANAGER AND MEMBERS IN LIEU OF SPECIAL MEETING

Motion was made by Councilor Walton, seconded by Councilor Luman-Bailey to resolve to authorize the City Manager to sign the Beacon Theatre 2012, LLC, Consent of Sole Manager and Members in Lieu of Special Meeting. Upon the roll call, the vote resulted:



Transactional Disclosure Statement file by Councilor Luman-Bailey, she owns adjacent property.

UNFINISHED BUSINESS – OLD CITY JAIL – EXTENSION OF SIX MONTHS ON PROPOSAL

Motion was made by Councilor Pelham, seconded by Vice Mayor Gore to resolve to approve a six month extension on the Old City Jail proposal with Parmenas Masonic Association. Upon the roll call, the vote resulted:



Transactional Disclosure Statement filed by Councilor Pelham, she is familiar with the bidding organization and knows many members and some relatives are members.


UNFINISHED BUSINESS – RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF A GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND OF THE CITY OF HOPEWELL, VIRGINIA IN A PRINCIPAL AMOUNT NOT TO EXCEED $7,700,000 AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF

James Sanderson from Davenport and Associates stated the bond funds must be spent in three years to meet the spin down requirements. The loan has to close by October 17, 2013 to get the proposed rates. A handout, “Public Safety Building Project” was given to Council. (Copy available in the City Clerk’s office).

Mayor Bujakowski passed the gavel to Vice Mayor Gore, so he could present a question to the City Manager.

DISCUSSION

In response to Mayor Bujakowski’s question, “What happens if we cannot build the Public Safety Building?” The City Manager stated, if the money is not spent on the Public Safety Building, Council may vote for the money to be spent on another public project, or they could use the money for other purposes and/or refund the money. Vice Mayor Gore returned the gavel back to Mayor Bujakowski.

Motion was made by Councilor Shornak, seconded by Councilor Walton to resolve to approve a resolution providing for the issuance and sale of a general obligation public improvement bond of the City of Hopewell, Virginia, in a principal amount not to exceed $7,700,000 and providing for the form, details and payment thereof.

Substitute motion was made by Councilor Luman-Bailey, seconded by Councilor Pelham to postpone voting for one week until September 17, 2013 for unanswered questions to be answered. Upon the roll call, the vote resulted:

Councilor Edwards - NOMayor Bujakowski - yesVice Mayor Gore - yesCouncilor Walton - NO Councilor Pelham - yes


Transactional Disclosure Statement filed by Councilor Pelham due to NWAC.

REGULAR BUSINESS – ORDINANCE 2013-15 AMENDING THE CODE OF THE CITY OF HOPEWELL, VIRGINIA, 1981, AS AMENDED, BY ADDING SECTION 22-71 (CIVIL ENFORCEMENT OF PROHIBITION AGAINST PASSING A STOPPED SCHOOL BUS)

Motion was made by Vice Mayor Gore, seconded by Councilor Luman-Bailey to adopt Ordinance 2013-15 on one and only reading, dispensing with the requirement for the second reading, as an emergency measure, effective immediately upon the date of its adoption, amending the Code of the City of Hopewell, Virginia, 1981, as amended, by adding section 22-71 ( Civil Enforcement of Prohibition Against Passing A Stopped School Bus ) to Chapter 22 ( Motor Vehicles and Traffic ) . Upon the roll call, the vote resulted:

Councilor Edwards - yes


Mayor Bujakowski - yesVice Mayor Gore - yesCouncilor Walton - yes Councilor Pelham - yes


Transactional Disclosure Statement filed by Councilor Pelham, she is a School Employee.

ORDINANCE 2013-15AN ORDINANCE AMENDING THE CODE OF THE CITY OF HOPEWELL, VIRGINIA, 1981, AS AMENDED, BY ADDING SECTION 22-71 (CIVIL ENFORCEMENT OF PROHIBITION AGAINST PASSING A STOPPED SCHOOL BUS) TO CHAPTER 22 (MOTOR VEHICLES AND TRAFFIC) PROVIDING FOR CIVIL ENFORCEMENT OF THE PROHIBITION AGAINST PASSING A STOPPED SCHOOL BUS THROUGH A VIDEO-MONITORING SYSTEM AND INCLUDING A PENALTY FOR VIOLATION.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF HOPEWELL:

That The Code of the City of Hopewell, Virginia, 1981, as amended, is amended and re-codified by adding the following section:

Sec. 22-71. Civil enforcement of prohibition against passing a stopped school bus.

a. In accordance with the requirements of § 46.2-844, Code of Virginia, 1950, as amended, there is hereby established a civil enforcement program using a video-monitoring system for violation of § 46.2-859, Code of Virginia, 1950, as amended, prohibiting the passing of a stopped school bus.b. Any violation of § 46.2-859, Code of Virginia, 1950, as amended, identified through a video-monitoring system, shall subject the operator of the vehicle to a $250.00 civil penalty.c. The City of Hopewell School Board is authorized to contract with a vendor to install and operate a video-monitoring system on school buses for the purpose of recording violations of this section.d. All civil penalties collected under this section shall be paid to the school division.

Sec. 22-72--22-80. Reserved.

BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF HOPEWELL that this ordinance shall be an emergency measure, effective immediately upon the date of its adoption on one and only reading, dispensing with the requirement for a second reading of this ordinance pursuant to Chapter IV, § 8 of the Hopewell City Charter.

REGULAR BUSINESS – RESOLUTION – PERSONAL PROPERTY TAX RELIEF (PPTR) PERCENTAGE

Motion was made by Councilor Pelham, seconded by Councilor Walton to resolve to approve a resolution setting the PPTR percentage at 52%. Upon the roll call, the vote resulted:

Councilor Edwards - yesMayor Bujakowski - yesVice Mayor Gore - yes


Councilor Walton - yes Councilor Pelham - yes


RESOLUTION

A RESOLUTION SETTING FORTH THE PERSONAL PROPERTY TAX RELIEF PERCENTAGE FOR 2013, IN THE CITY OF HOPEWELL, VIRGINIA IN ACCORDANCE WITH THE PERSONAL PROPERTY TAX RELIEF ACT OF 1998 AND THE 2005 APPROPRIATIONS ACT

WHEREAS, the Personal Property Tax Relief Act of 1998, Virginia Code Section 58.1-3523 et seq. ("PPTRA"), has been substantially modified by the enactment of Chapter 1 of the Acts of Assembly, 2004 Special Session I (Senate Bill 5005), and the provision of Item 503 of Chapter 951 of the 2005 Acts of Assembly; and

WHEREAS, these legislative enactments require the City of Hopewell, Virginia to take affirmative steps to implement these changes, and to provide for the computation and allocation of relief provided pursuant to the PPTRA as revised; and

WHEREAS, these legislative enactments provide for the appropriation to the City of a fixed sum to be used exclusively for the provision of tax relief to owners of qualifying personal use vehicles that are subject to the personal property tax on such vehicles.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Hopewell, Virginia, that qualifying vehicles situated within the City during the tax year 2013, shall receive personal property tax relief in the following manner:

• Personal use vehicles valued at $1,000 or less will be eligible for 100% tax relief;

• Personal use vehicles valued at more than $1,000 and up to $20,000 will be eligible for 52 % tax relief;

• Personal use vehicles valued at more than $20,000 shall only receive 52 % tax relief on the first $20,000 of value; and

• All other vehicles which do not meet the definition of "qualifying" (e.g., business use vehicles, farm use vehicles, motor homes, etc.) will not be eligible for any form of tax relief under this program.

• In accordance with Item 503.D.l, the entitlement to personal property tax relief for qualifying vehicles for tax year 2005 and all prior tax years expired on September 1, 2006. Supplemental assessments for tax years 2005 and prior made on or after September 1, 2006 were deemed 'non-qualifying' for purposes of state tax relief and tl1e local share due from the taxpayer represented 100% of the tax assessable.


REGULAR BUSINESS – APPOINT A DELEGATE TO THE 2013 VIRGINIA MUNICIPAL LEAGUE (VML) ANNUAL CONFERENCE

Motion was made by Councilor Pelham, seconded by Councilor Walton to resolve to appoint Vice Mayor Gore as delegate to the 2013 VML Annual Conference. Upon the roll call, the vote resulted:



REGULAR BUSINESS – APPOINT AN ALTERNATE DELEGATE TO THE 2013 VML ANNUAL CONFERENCE

Motion was made by Councilor Walton, seconded by Vice Mayor Gore to resolve to appoint Councilor Shornak as the alternate delegate to the 2013 VML Annual Conference.


Councilor Shornak - NOCouncilor Luman-Bailey - NO

REGULAR BUSINESS – OVERPAYMENT OF TAXES IN 2010, REFUND TO EVONIK GOLDSCHMIDT INDUSTRIES IN THE AMOUNT OF $81,545.21

Motion was made by Councilor Luman-Bailey, seconded by Vice Mayor Gore to resolve to refund overpayment of taxes to Evonik Goldschmidt Industries in the amount of $81,545.21. Upon the roll call, the vote resulted:



REGULAR BUSINESS – DISCUSSION OF THE AWARD OF A PUBLIC CONTRACT (MARINA OPERATIONS AND MAINTENANCE RFP #09-13)

Motion was made by Councilor Walton, seconded by Councilor Edwards to resolve to award the operations and maintenance of the Marina to Fish Tales Bait and Tackle, Inc. and to authorize city staff to negotiate such contract for review/approval by City Council.


DISCUSSION

Several Councilors were concerned the RFP should have been resent so as to give everyone an opportunity to submit a contract for only part of the original RFP.

Upon the roll call, the vote resulted:

Councilor Edwards - yesMayor Bujakowski - yesVice Mayor Gore - NOCouncilor Walton - yes Councilor Pelham - NO


REGULAR BUSINESS – PRESENTATION/FOLLOW-UP REPORT REGARDING THE BEACON THEATRE OPERATIONS PLAN AND TO CONSIDER A MOTION TO SUPPORT THE OPERATIONS PLAN AS PRESENTED

Scott Firestine, Director of the Appomattox Regional Library introduced, Brad Wells. Brad Wells is the promoter for the Beacon Theatre and is also a partner for the “National Theatre” in Richmond and Pocahontas State Park in Chesterfield. Brad Wells said the Beacon is a gem, and the non-profit status a plus. The City Manager reiterated Council needs to pass the contract or the proposal, not individual items.

Motion was made by Councilor Walton, seconded by Councilor Pelham to resolve to support the Beacon Theater operations plan as presented. Upon the roll call, the vote resulted:

Councilor Edwards - NOMayor Bujakowski - yesVice Mayor Gore - NOCouncilor Walton - yes Councilor Pelham - yes


REPORTS OF THE CITY CLERK

Motion was made by Vice Mayor Gore, seconded by Councilor Pelham and unanimously passed to resolve to appoint Elliot Eliades to the Economic Development Authority for a term extending through October 31, 2016.

CITIZENS/COUNCILOR REQUESTS – COUNCILOR SHORNAK – REQUEST FOR FINANCIAL INFORMATION FOR THE BEACON THEATRE

Councilor Shornak would like to get the overall expenditures for the Beacon Theatre and to be advised of the payment routine. Councilor Shornak wanted clarification on the total amount paid to renovate the Beacon Theatre.

Ed Daley, City Manager explained the payment routine. A payment form is given to the Architect of the project, who checks the work, signs off and passes it to the Public Works Director, Ed Watson who


signs it and passes it to the City Engineer, Johnnie Butler, who signs it and passes it to the Finance Department. Ed Daley also stated the City Manager is not over budget.

CITIZENS/COUNCILOR REQUESTS – VICE MAYOR GORE – REQUEST FOR INFORMATION

Vice Mayor Gore gave a lengthy list of items requested from numerous departments and staff for Council review. (Copy of the list is available in the City Clerk’s office)

COUNCIL COMMUNICATIONS

Councilor Pelham thanked Jessica Thomas for heading up the Foreign Exchange Student Program which currently has nine students. Councilor Pelham also thanked Daphne and Antonio Monroe for their efforts in heading up Hope 4 Youth in Hopewell.

Councilor Luman-Bailey promoted the 400th City Point Anniversary celebration. At 11:00 a.m. on September 18, 2013 at the Beacon Theatre local residents will tell what it was like to grow up in Hopewell many years ago. The culmination of the celebration will be held on October 12, 2013. Another local celebration, this one celebrating the Harvest Moon will be held at Harvest Bistro & Bar on September 19, 2013. Hooray for Hopewell will be held on September 21, 2013.

Mayor Bujakowski announced there will be a Special Meeting on September 9, 2013 which will include a Public Safety Building proposed construction method presentation, bond issue, Navigator’s Den, Beacon Theatre Promoter/Manager, an update on Historic District Signage, an update on the City Point 400th Anniversary Committee fund allocation, performance reviews for City Council appointees and Vice Mayor’s list of requested items.

Councilor Shornak stated due to the late hour to forego entering back into the Closed Meeting.

Councilors responded to the question: “Were the only matters discussed in the Closed Meeting public business matters lawfully exempted from open meeting requirements; and public business matters identified in the motion to convene into Closed Session?” Upon the roll call, the vote resulted as follows:

Councilor Edwards - yes Mayor Bujakowski - yesVice Mayor Gore - yesCouncilor Walton - yesCouncilor Pelham - yes


ADJOURNMENT

At 10:22 p.m. motion was made by Councilor Walton, seconded by Councilor Pelham and unanimously passed to adjourn the Regular Meeting.

Michael C. Bujakowski, Mayor

Cynthia Y. Ames, City Clerk

09.10.13 city council meeting web viewwas made by councilor walton, seconded by councilor edwards to...

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